From gun violence to discrimination, society's greatest challenges are reflected in our schools. Much like law enforcement agencies, educational institutions must protect the safety and respect the rights of all. But our schools carry an added responsibility: helping students to become good citizens and to achieve their intellectual potential. Robbins, Schwartz, Nicholas, Lifton & Taylor helps schools balance quality education and orderly classrooms with fair treatment and students' rights.

Student discipline Searches/Fourth Amendment Student residency

Discrimination Student records confidentiality Special education

Student discipline. Flawed investigative procedures, improper hearings or penalties that seem arbitrary or capricious can give rise to conflict with students and parents. Robbins, Schwartz develops model policies to guide misconduct investigations, suspension procedures and expulsion hearings; ensure safe and orderly classrooms; and safeguard students' rights. We lead administrators and boards through these difficult processes, and when parents challenge disciplinary action, Robbins, Schwartz successfully defends carefully deliberated board decisions in state and federal courts.

Searches/Fourth Amendment. While the right of educational institutions to conduct searches is well established, a complex web of judicial rulings defines the scope and conduct of such searches. Robbins, Schwartz's model policies address random locker searches, searches of individual students and their belongings, and blood and urine testing - providing schools and colleges with the legal tools they need to control violence, drug use and other problems, without undermining students' constitutional guarantees to privacy.

Student residency. Disparities among neighboring school districts - in quality and class size, for example - may prompt parents or other caretakers to attempt to enroll their children in out-of-district schools. Robbins, Schwartz helps clients establish procedures to complete interviews, gather facts, notice and conduct hearings in a manner that conforms to the student residency provisions of the School Code.

Discrimination. Educational institutions are barred from discriminating against students on the basis of race, gender, national origin or religion, nor can they allow their students to be subjected to sexual discrimination or sexual harassment perpetrated by teachers or other students. Through in-service presentations and hands-on assistance during investigations of harassment, Robbins, Schwartz teams up with public schools to prevent discrimination.

Student records confidentiality. Robbins, Schwartz's detailed policies and useful forms governing release of student records ensure that administrators maintain the confidentiality of this information, while providing lawful access to it. When administrators must respond to requests (or subpoenas) for student information from non-custodial parents or other third parties, we provide the informed counsel administrators need to respond appropriately.

Special education. To provide appropriate education for young people with special needs, schools must reconcile parents' expectations with finite public resources and complex state and federal requirements. Complying with both the spirit and the letter of the federal Individuals with Disabilities Education Act and the Rehabilitation Act of 1973 are among the most challenging tasks faced by educational agencies. Robbins, Schwartz can help you meet this challenge. At the K-12 levels, we work closely with staff and administration to ensure that "child find" activities effectively identify and evaluate students with disabilities and that their special needs are appropriately documented. We brainstorm with in-house staff and consultants to ensure the substantive and procedural compliance of IEPs, to anticipate issues that parents may raise and evaluate alternative responses to those issues, and to prepare checklists and agendas that promote effective dialogue and collaboration with families. When parents contest the recommended course of action, Robbins, Schwartz assesses the value of mediation. If the matter proceeds to litigation, we aggressively defend our clients' decisions at due process, pursue or defend appeals in state and federal courts, and effectively resist plaintiffs' claims for attorney's fees.